Music Someone said, oh yes, of course, right, right, right, at the beginning, right. All right. Greetings. Hello, everyone. Thank you all. I will call the meeting of the council to order. And ask Clerk Susan Lamb to please call the roll. Mr. Ellinger. Hello. Mr. Ellenberg. Here. Mr. Farmer. Yes, ma'am. Thank you. Mr. Ford. Here. Ms. Gorton. Here. Ms. Henson. Here. Mr. Kay. Here. Mr. Lane. Here. Ms. Lawless. She's here. Mr. Martin. Mr. McCord. Here. Mr. Myers. Mr. Stenet. Mr. Beard. And Mr. Blues and Ms. Crosby. Thank you. Yes, gotcha. Thank you, Madam Clerk. We have our very own Chaplain Tatum here tonight to offer the invocation. And, Chaplain, as you rise and come to the podium, I'll ask the Council, at the suggestion of Council Member Blues, that we start with a moment of silence to recognize the life and the contributions and the significance of a former member of this body, Harry Sykes. Council Member Blues, you initiated a wonderful tribute to Mr. Sykes a little while back. and would you want to offer your thoughts? Well, Mayor, I think that the tribute to Harry on that evening, the reception in the ballroom and then the presentation of the proclamation in here was one of probably the most heartfelt and happiest events that the mayor's office and the council has ever done. We all regretted that Harry couldn't be here, But it was so meaningful that all of his children were here, four sons and his daughter. His wife, of more than 60 years, was present. Kevin Sykes spoke eloquently at the reception, as did Reverend Peebles. and I thought that Paula Sykes and her, when she accepted the plaque that you presented, made a wonderful speech. All together, it was heartwarming. It was a splendid event in celebration of a great life and a great contributor to this city. So I'm glad we were able to do this event before Harry passed away. I think it meant a great deal to his family. Thank you, Mayor. Thank you, Councilman Beaver. So we'll rise for a moment of silence, and when you're ready then, Chaplain, please begin the invocation. Let us pray. Heavenly Father, we come to you today in the midst of so many distinguished men and women, Lord. First and foremost, to give you honor and to give you glory. And just thank you just for who you are. And we ask you, Lord, to just bless the councilmen and women, along with the mayor and the citizens of this community, Lord. Bless them and strengthen them. Lord, we pray that you give this council, Lord, the courage and the strength, Lord, to make every decision, including those challenge decisions. And we pray, Lord, that every decision be with the interests of the men and women of this community. Lord, we thank you, Lord, just for the countless hours that they spend, Lord, and just everything they've done and just them volunteering all these hours. Lord, we ask you, Lord, just to bless them and enrich them. Lord, we ask you, Lord, to bless this meeting tonight. You're allowed to be a productive one. Lord, we thank you and we honor you just for who you are. And most of all, Lord, you said wisdom is the principal thing. Get wisdom and all by getting, get an understanding. We thank you. We honor you right now. Amen. Amen. Thank you, Chaplain. All right. I will, we can begin now with reading the second reading of ordinances. Madam Clerk, when you're ready. Ordinance number one, the Ordinance of the Lexington-Fayette-Urban County Government making certain findings concerning and establishing a development area for economic development purposes within the Lexington-Fayette-Urban County to be known as the 21C Lexington Development Area, approving a local participation agreement between Lexington-Fayette-Urban County Government and the Lexington Downtown Development Authority Incorporated, approving a master development agreement among Lexington-Fayette-Urban County Government, the Lexington Downtown Development Authority, Inc., and 21C Lexington, LLC, establishing an incremental tax special fund for payment of approved public infrastructure and project costs, designating the Lexington Downtown Development Authority, Inc., as the agency responsible for oversight, administration, and implementation of the development area, authorizing the mayor and other officials to take such other appropriate actions as necessary or required in connection with the establishment of the development area, approving submission of a Section 108 loan package to the U.S. Department of Housing and Urban Development approving the making of a $1 million loan to 21C Lexington LLC and authorizing the mayor and other officials to take such other appropriate actions as necessary or required in conjunction with Section 108 loan and the LFUCG loan. Number two, an ordinance amending Section 2152 of the Code of Ordinances abolishing one position of Code Enforcement Officer Senior Grade 114E and creating one position of Code Enforcement Officer Grade 113N in the Division of Grants and Special Programs, appropriating funds pursuant to Schedule No. 21, effective upon passage of counsel. Number 3, an ordinance admitting Section 2152 of the Code of Ordinances abolishing one position of Planner Grade 113E and creating one position of Planner Senior Grade 117E in the Division of Planning, appropriating funds pursuant to Schedule No. 23, effective upon passage of counsel. Number 4, an ordinance submitting Section 2-458 of the Code of Ordinances, changing the membership requirements of the Commission for Citizens with Disabilities, and Number 5, an ordinance submitting certain of the budgets of the Lexington-Vaderborn County Government to reflect current requirements for municipal expenditures in appropriating and reappropriating funds, Schedule Number 24. Thank you, Madam Clerk. Is there a motion? Motion approved. Motion approved by Council Member Ellinger, seconded by Council Member Stennett. Is there any discussion on the motion? All right. Hearing none, then I'll ask the clerk, Madam Clerk, please call the roll. Mr. Ellinger? Yes. Mr. Farmer? Yes, ma'am. Mr. Ford? Yes. Ms. Gorton? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stennett? Yes. Mr. Blues? Yes. And Ms. Crosby? Yes. All right. Thank you. The vote reflects passage of the motion. And next on our agenda is the first reading of ordinances. Madam Clerk, when you are ready. Okay. Road, 100-314 South Hanover Avenue, 807-853 and 859 East High Street, 908-912 and 1000 Richmond Road, and 1003-1015 Slashes Road, Council District 5. Number 7, an ordinance submitting Article 8-22 of the Zoning Ordinance to allow commercial wood lots with restrictions in the light industrial I-1 and heavy industrial I-2 zones. Number eight, an ordinance expanding and extending the full urban services district. Number one, to provide street lighting, street cleaning, and garbage and refuse collection to include the area defined as certain properties on the following streets. Eminent Drive, Mackinwood Drive, Malibu Drive, Manitoba Lane, Miles Point Way, Moon Coin Cove, Moon Coin Way, Old Town Walk, Ridgewater Drive, Sandersville Road, Town Square Park, Glendover Road, and Codale Drive. Number 9, an ordinance expanding and extending partial urban services district. Number 3 for the urban county government for the provision of garbage and refuse collection to include the area defined as certain properties on the following street, Catherine Place. Number 10, an ordinance expanding and extending partial urban services district. Number 5 for the urban county government for the provisions of garbage and refuse collection and street lighting to include the areas defined as certain properties on the following streets, Clare Ridge Drive and Malvern Road. Number 11, an ordinance repealing subsection 13-13B11 of the Code of Ordinances of the Lexington-Faylor County Government pertaining to the licensing of dealers in firearms or deadly weapons and renumbering subsections 13-13B12 through 32 of the Code of Ordinances, all effective upon the date of passage. Number 12, an ordinance amending certain of the budgets of the Lexington-Faderman County Government to reflect current requirements for funds and the amount of $1,153,397 for projects receiving UDAG funding and $20,000 for projects receiving general funds and appropriating and reappropriating funds, Schedule Number 26. Number 13, an ordinance amending Section 2-201 of the Code of Ordinances relating to the picnic with the POPs Commission to delete a member from the Horse Park Board and add a member from Keeneland. Number 14, an ordinance creating Section 2-3.2 in Chapter 2 of the Code of Ordinances of the Lexington-Fayden-Arbor County Government to establish procedures and guidelines for redistricting council districts. Number 15, an ordinance pursuant to Section 2-1A of the Code of Ordinances of the Lexington-Fayden-Arbor County Government adopting a schedule of meetings for the council for the calendar year 2013. Number 16, an ordinance amending subsection 14-728 of the Code of Ordinances of the Lexington-Fed-Irban County Government pertaining to operating or playing radios, televisions, and other related items in a manner as to create a noise disturbance and creating subsection 14-7211 of the Code of Ordinances to prohibit noise disturbances emanating from vehicles locating in the public right-of-way or on public land, which are audible more than 10 feet from the vehicle. And number 17, an ordinance amending certain of the budgets of the Lexington-Fadon County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds, Schedule number 25. Thank you, Susan. Thank you, Madam Clerk. All right. Are there any motions for walk-ons or suspensions regarding? No. All right. Then, Madam Clerk, we can move on to second reading of resolutions when you're ready. Sure. Number one, a resolution accepting the bid of Randall Davies Construction Company in the amount of $446,601.66 for the Brighton East Rail Trail Project, Phase 2, for the Division of Engineering, and authorizing the mayor on behalf of the urban county government to execute any necessary agreement with Randall Davies Construction Company related to the bid. Number two, a resolution accepting the bid of Smith Contractors Incorporated in the amount of $1,039,000 for the West Hickman Wastewater Treatment Plant odor control improvements for the Division of Water Quality and authorizing the mayor on behalf of the urban county government to execute an agreement with Smith Contractors Incorporated related to the bid. Number three, a resolution accepting the bid of Clark Power Services, Inc., and Powertrain of Kentucky establishing price contracts for synthetic transmission fluid for the Division of Facilities and Fleet Management. Number four, a resolution accepting the bids of Hydraulic Specialists, Inc., and Powertrain of Kentucky establishing price contracts for hydraulic cylinder repair for the Division of Facilities and Fleet Management. Number five, a resolution accepting the bid of Oracle Elevator in the amount of $568,775 for Phoenix Building and Police Headquarters Elevator Renovation for the Division of Facilities and Fleet Management and authorizing the mayor to execute any necessary agreement with Oracle Elevator related to the bid. Number six, a resolution accepting the bid of Arrow Electric Company in the amount of $352,541 for eliminated street name signed Project Phase I for the Division of Traffic Engineering and authorizing the mayor to execute any necessary agreement with Arrow Electric Company related to the bid. Number seven, a resolution accepting the bid of SCINA Lawn Care Services LLC establishing a price contract for the snow removal for the Division of Facilities and Fleet Management. Number 8. Human Resources General is Grade 118E, 2007-60-64, biweekly, in the Division of Human Resources, effective November 29, 2012. Ratifying the permanent sworn appointment of Christopher Young, police lieutenant, Grade 317, in the Division of Police, effective October 30, 2012. Number 9. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with Earthman LLC for decorative streetlights at 420 Cross Street, at no cost to the Urban County Government. Number 10. A resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from the U.S. Department of Justice, which grant funds are in the amount of $65,503 federal funds under the state criminal alien assistance program are for reimbursement of costs related to the incarceration of undocumented criminal aliens, the acceptance of which does not obligate the urban county government for the expenditure of funds, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 11, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the Kentucky Justice Cabinet to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are in the amount of $45,123 federal funds for the continuation of the sexual assault nurse examiner program, the acceptance of which obligates the urban county government for the expenditure of $28,150 as a local match and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 12, a resolution authorizing the mayor on behalf of the urban county government to execute a mutual aid agreement with Catlinsburg Refining LLC for mutual emergency response assistance by or for the Division of Fire and Emergency Services at no cost to the urban county government. Number 13, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a modification to agreement with the Kentucky Office of Homeland Security to permit the purchase of explosive storage boxes for the Bomb Squad project. Number 14, a resolution authorizing the Mayor on behalf of the Urban County Government to accept the donation of 10 Grayco Pack-and-Play cribs and related instructional materials valued at $500 from Safe Kids Fayette County for distribution to low-income families through the Division of Family Services Hands Program. Number 15, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an amendment to the Interlocal Cooperation Agreement with the Jessamine County Sheriff's Office to provide law enforcement power at homes recently constructed on properties that cross county border lines. Number 16, a resolution authorizing the mayor on behalf of the Irvine County Government to execute facility usage agreements with various youth baseball leagues for fall youth baseball. Number 17, a resolution authorizing the Division of Emergency Management 911 to procure ongoing maintenance, services, repairs, hardware, and software from Applied Digital, a sole source provider, at a cost not to exceed $25,633 in FY 2013 and authorizing the mayor to execute any necessary agreement with Applied Digital Solutions related to the goods and services. Number 18, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with the Friends of Wolf Run for activities under the Wolf Run Creek Watershed-based plan at a cost not to exceed $16,000. Number 19, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an internal revenue service, sponsor agreement, and civil rights assurance for volunteer income tax assistance programs at the Gaines Way Center and the Central Kentucky Job Center at no cost to the urban county government. 20, a resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from the U.S. Department of Justice, which grant funds are in the amount of $345.15 federal funds are for the purchase of bulletproof vests for the Fayette County Sheriff's Office, the acceptance of which does not obligate the urban county government for the expenditure of funds, and authorizing the mayor to transfer unencumbered funds within the grant budget. Twenty-one, a resolution authorizing the mayor on behalf of the urban county government to execute the 2012 amended equitable sharing agreement and certification with the Department of Justice and the Department of Treasury to make necessary changes and bring the FY 2012 Equitable Sharing Agreement, Kermit. Twenty-two, a resolution amending Section 2 of Resolution No. 430-2012, which accepted the bid of Smith Contractors Incorporated for Expansion Area 2A Wastewater System Improvements to change the amounts charged to the accounts from which payment will be made. Twenty-three, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a grant award agreement affording a Class B education incentive grant for a stormwater quality project to Group CJ LLC in the amount of $35,547. 24. A resolution authorizing the Mayor on behalf of the Urban County Government to execute a release of easement releasing a storm sewer easement on property located at 3469 Clays Mill Road. 25. A resolution authorizing the Mayor on behalf of the Urban County Government to execute a release of easement releasing a utility easement and streetlight easement on property located at 2250 Old Frankfurt Pike. 26. A resolution authorizing the mayor on behalf of the Urban County Government to execute a grant award agreement awarding a Class B education incentive grant for a stormwater quality project at Lansdowne Elementary School to the Board of Education of Fayette County in the amount of $3,500. 27. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a software maintenance agreement and end-user license agreement with Horizon Information Systems Incorporated for the software for the representative payee program for the Department of Social Services at a cost not to exceed $586.50. Twenty-eight, a resolution authorizing the mayor on behalf of the urban county government to execute a rental agreement and catering contract with Lexington Center and Hyatt Regency for the annual police awards banquet. Twenty-nine, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute lease agreements with AIDS Volunteers Incorporated for the lease of Urban County Government property located at 851 Todd's Road and 1807 Dalton Court. Thirty, a resolution authorizing the mayor on behalf of the Urban County Government to execute an amendment to the purchase of service agreement with the Lexington Downtown Development Authority Incorporated for services related to the design guidelines for a design excellence program for downtown Lexington at a cost not to exceed $50,000. Thirty-one, a resolution authorizing the submission of an application for Kentucky Economic Development Finance Authority grant funds for the Bingham-McCutcheon LLP economic development bond project in the amount of $450,000 and authorizing the mayor to execute and submit a grant application and any and all other documents necessary for the submission of the application and development of the project, including any agreement with Bingham-McCutcheon LLP and to accept the grant funds. if approved. And number 32, a resolution accepting the response of Public Financial Management, Incorporated to RFP number 25, 2012, for consulting services related to the police and fire pension fund and authorizing the mayor to execute an agreement with Public Financial Management, Incorporated, related to these services in an amount not to exceed $149,089. Thank you. Thank you, Madam Clerk. Move approval. Motion by Vice Mayor Gordon to approve and a vigorous second by Council Member Myers. Is there any discussion on the motion? All right. Hearing none, then I'll ask the clerk to please call the roll. Mr. Ellinger. Yes. Mr. Farmer. Yes, ma'am. Mr. Ford. Yes. Ms. Gorton. Aye. Ms. Henson Yes Mr. K Yes Mr. Lane Yes Ms. Lawless Mr. McCord Yes Mr. Myers Yes Mr. Stennett Mr. Blues Yes And Ms. Crosby Thank you Thank you, Madam Clerk. The vote reflects passage of the motion, which allows us to move on to resolutions for first read whenever you are ready. Madam Clerk. Resolution number 33, a resolution accepting the bid of Perfection Group incorporated in the amount of $39,875 for air conditioning unit for the town branch wastewater treatment plant for the Division of Water Quality. 34, a resolution accepting the bid of Tate Radio Communications establishing a price contract for public safety radio system subscriber units for the Division of Police. Number 35, a resolution accepting the bid of Arrow Electric Company establishing a price contract for fiber optics cable installation and repair for the Division of Traffic Engineering. I believe we have a motion on 36. Is that right? Council Member Crosby? Yes, thank you, Mayor. I've been asked to make a motion to amend resolution number 36 to remove William Azevedo, construction manager of grade 122E in the Department of Environmental Quality and Public Works from the resolution. And I believe C.O. Maloney has an explanation. Thank you. Thank you. I just want to give you all heads up. This item was added to the docket before I had completed my vetting process. So I'm asking that you would remove this segment of item 36 so I can complete vetting the process before proceeding. Thank you. Motion by? It was only the one name. The one as of either? Yes. William. All right. Oh, yeah, there are two. here. Right. All right. So the motion by Council Member Crosby and a second by Council Member Farmer. Is there any discussion on the motion? All right. All in favor then please indicate by saying aye. Opposed no. Motion carries. All right. Madam Clerk, you may continue. I will, and I'll note the vote and the record. Number 36, as amended. A resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Christopher Phillips, Administrative Specialist, Grade 110N, 14.423 hourly, in the Division of Waste Management, effective upon passage of counsel. Tara Gentry, Staff Assistant Senior, Grade 108N, 14.612 hourly, in the Division of Building Inspection, effective upon passage of counsel. Elizabeth McKinney, Staff Assistant Senior, Grade 108N, 16.677 hourly, in the Division of Family Services, effective upon passage of counsel. Gabriel Hensley, Environmental Inspector, Grade 113N, 19.719 hourly, in the Division of Water Quality, effective upon passage of counsel. Donald Bowen, maintenance mechanic, grade 113N, 16.512 hourly in the Division of Water Quality, effective upon passage of counsel. Robert Hall, maintenance mechanic, grade 113N, 18.233 hourly in the Division of Water Quality, effective upon passage of counsel. And Marsha Woodward, staff assistant, grade 107N, 12.977 hourly in the Division of Police, effective upon passage of counsel, authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointments. Alan Baldwin, Project Engineering Coordinator, Grade 119E, 2007-88-46, biweekly in the Division of Water Quality, effective upon passage of council. Chase Azevedo, Project Engineering Coordinator, Grade 119E, 2003-23-65, biweekly in the Division of Water Quality, effective upon passage of council. Number 37, a resolution ratifying the probationary civil service appointments of Viola Howard, Administrative Specialist, Grade 110N, 19.782 hourly in the Division of Parks and Recreation, effective December 10, 2012. Evelyn Bellona, Deputy Director of Recreation, Grade 120E, 3399.04, bi-weekly in the Division of Parks and Recreation, effective November 19, 2012. and Darrell Handy, Public Service Worker Senior, Grade 107 N, 13.360 hourly in the Division of Parks and Recreation, effective October 22, 2012. Ratifying the unclassified civil service appointment of Richard Bellow, Juvenile Surveillance Probation Officer, Grade 112 N, $20 hourly in the Division of Youth Services, effective November 12, 2012. ratifying the probationary sworn appointments of Rashawn Berry, Police Sergeant Grade 315N, 28.589, hourly, and the Division of Police, effective December 10, 2012. Number 38, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an agreement with CHIP Rewards to provide a health incentive program for a three-year term effective upon passage of council. 39. A resolution authorizing and directing the mayor on behalf of the urban county government to execute an amendment to agreement with the Board of Education of Fayette County for an additional $6,000 for services under the 2010 Project Safe Neighborhood Program. 40. A resolution authorizing the mayor on behalf of the urban county government to execute an agreement with Power Phone Incorporated for training and related services in order to obtain emergency medical dispatch certification for employees of the Division of Emergency Management 911. Number 41, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with the Kentucky Department of Fish and Wildlife Resources, Commonwealth of Kentucky, for maintaining recreational fishing on Jacobson Lake. 42, a resolution authorizing the mayor on behalf of the urban county government to execute a fixed price agreement for natural gas supplied under the Columbia Gas of Kentucky's SVGTS tariff with the lowest responsive bidder contingent upon a price contract not to exceed 6.40 per MCF. Number 43, a resolution authorizing the mayor on behalf of the Irwin County Government to execute a management agreement with the Lexington and Fayette County Parking Authority for operation and management of the district courthouse parking garage. Number 44, a resolution authorizing the Division of Emergency Management 911 to procure design, implementation, maintenance, and network services for the public safety radio system from Windstream Communications and or its affiliates, a sole source provider, at a cost not to exceed $247,000 FY 2013, and authorizing the mayor to execute any necessary agreements with Windstream Communications and or its affiliates related to these services. Number 45, a resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from the Kentucky Office of Homeland Security, which grant funds are in the amount of $16,500 Commonwealth of Kentucky funds are for the purchase of 30 body armor vests, the acceptance of which does not obligate the urban county government for the expenditure of funds, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 46, a resolution authorizing the mayor on behalf of the urban county government to execute a renewal of the flexible spending plan with Ameriflex for health and dependent care flexible spending accounts for the period of January 1, 2013 through December 31, 2013. 47. A resolution authorizing the mayor on behalf of the urban county government to execute agreements with Girls on the Run, Central Kentucky Corporation, $1,000. Fraternal Order of Police, Bluegrass Lodge, No. 4, Inc., $1,125. Stonewall Community Association, Inc., $500. YMCA of Central Kentucky, $1,000. Black Church Coalition of the Bluegrass Incorporated $950. Carnegie Center for Literacy and Learning $800. Dr. Roy P. and Juanita Betts-Peterson Arts and Education Fund Incorporated $1,000. Forest Ridge Maintenance Association Incorporated $650. Lafayette High School Wrestling Booster Club $750. Assurance for Life Incorporated $2,400. Casa of Lexington Incorporated $1,000. Georgetown Neighborhood Association Incorporated $1,250. Highlands Neighborhood Association, $700. Firebrook Estates Homeowners Association, Inc., $700. And the Southland Association, Inc., $700. For the office of the Urban County Council, at a cost not to exceed the sums stated. Number 48. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a product license agreement with Unicom Systems, Inc., Macro 4 for mainframe software at a cost not to exceed $14,000 in FY 2013. 49. A resolution approving the granting of an inducement to Allelix, incorporated a pursuant to the Kentucky Business Investment Act, KRS, Chapter 154.32, whereby the Lexington-Fayette-Irban County Government agrees to forego the collection of 1% of the occupational license fee for a term of not longer than 10 years from the activation date subject to the limitations contained in the Act and any agreement Alix Incorporated has with the Kentucky Economic Development Finance Authority related to the project and taking other related action. Number 50, a resolution approving the granting of an inducement to Nito-Dinko Automotive in Kentucky, Incorporated pursuant to the Kentucky Business Investment Act, KRS Chapter 154.32, whereby the Lexington-Fayette-Irban County Government agrees to forego the collection of 1% of the occupational license fees for a term of not longer than 10 years from the activation date, subject to the limitations contained in the Act and any agreement Nino Deco Automotive and Company, Kentucky Incorporated, has with the Kentucky Economic Development Finance Authority related to the project and taking other related action. Number 52. Excuse me, 51. Got to hear myself. A resolution approving the granting of an inducement to Premier Talks 2.0, Inc., pursuant to the Kentucky Business Investment Act, KRS Chapter 154.32, whereby the Lexington-Fayette-Arbonne County Government agrees to forego the collection of 1% of the occupational license fees for a term of not longer than 10 years from the activation date. Subject to the limitations contained in the Act and any agreement, Premier Talks 2.0, Inc., has with the Kentucky Economic Development Finance Authority related to the project and taking other related action. Number 52, a resolution approving the granting of an inducement to X-Act Associates LLC doing business as X-Act Communications pursuant to the Kentucky Business Investment Act KRS Chapter 154.32, whereby the Lexington-Fayette Urban County Government agrees to forego the collection of 1% of the occupational license fees for a term of not longer than 10 years from the activation date. Subject to the limitations contained in the Act and in the Agreement X Act, Associates LLC doing business as X Act communications has with the Kentucky Economic Development Finance Authority related to the project and taking other related action. Number 53, a resolution authorizing the mayor on behalf of the urban county government to execute a participating addendum under the Western States Contracting Alliance Master Agreement for number 1907 with AT&T Mobility National Accounts LLC at no additional cost to the urban county government. Number 54, a resolution authorizing the mayor on behalf of the urban county government to execute a participating addendum under the Western States Contracting Alliance Master Agreement, Number 1907, with Sprint Solutions, incorporated at no additional cost to the urban county government. Number 55, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with the Kentucky State Police Commonwealth of Kentucky for lease of space at 162 East Main Street. Number 56, a resolution authorizing the mayor on behalf of the Irma County Government to execute an agreement with the Transportation Cabinet, Commonwealth of Kentucky, for lease of space at 162 East Main Street. 57, a resolution accepting the collective bargaining agreement with AFSCME Local 2785 on behalf of lieutenants and captains in the Division of Community Corrections. Number 58, a resolution authorizing the mayor on behalf of the Irvin County Government to execute a release of easement releasing a sanitary sewer access easement on property located at 761 Enterprise Drive. 5259. A resolution authorizing the Mayor on behalf of the Urban County Government to execute the 2013 general term orders for the Fayette County Clerk and the Fayette County Sheriff, establishing the number of deputies and assistants allowed to each and the compensation allowed to each deputy and assistant, subject to the limits for each category as specified in the general term orders and subject to the fees collected by the officers, respectively, in their 75% accounts pursuant to KRS 64.350, subsection 1. Number 60, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with Meridian Management Corporation for Facility Management Services for Fayette County Courthouses at a cost not to exceed $412,213. Number 61, a resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from the Kentucky Transportation Cabinet, which grant funds are in the amount of $320,000 federal funds, or for the fiber optic cable installation program, the acceptance of which obligates the urban county government for the expenditure of $80,000 as a local match, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 62, a resolution authorizing the mayor on behalf of the Irvin County Government to execute a purchase of service agreement with the Bluegrass State Games incorporated for services related to the Bluegrass Summer Games at a cost not to exceed $52,500. Number 63, a resolution ratifying the Department of Law's execution on behalf of the Irving County Government and subject to the approval of the Kentucky Public Service Commission of a unanimous settlement agreement, stipulation and recommendation, and any other necessary settlement documents in Kentucky Public Service Commission case number 2012-00221 pertaining to the rates of the Kentucky Utilities Company. Number 64, a resolution authorizing the mayor on behalf of the Urban County Government to execute agreements with the Bluegrass Community Foundation, Inc., 1,225, and Dogwood Trace Neighborhood Association, Inc., $700 for the Office of the Urban County Council at a cost not to exceed the sum stated. Number 65, a resolution approving the granting of an inducement to Delta T Corporation doing business as big-ass fans pursuant to the Kentucky Business Investment Act, KRS Chapter 154.32, whereby the Lexington Fayette-Irvin County Government agrees to forego the collection of the 1% of the occupational license fees for a term of not longer than 10 years from the activation date, subject to the limitations contained in the Act and any agreement Delta T Corporation doing business as big-ass fans has with the Kentucky Economic Development Finance Authority related to the project and taking other related action. And number 66, a resolution amending section 4.506 of the Council rules related to confirmation of appointments to delete reference to terms of office that commenced prior to July 1, 1990, and to require that a confirmation hearing be held prior to confirming appointments to the Planning Commission, the Board of Adjustment, or the Ethics Commission. Thank you, Madam Clerk. Are there any motions for Walcons? Council Member Myers. It's not a walk-on. 12th, Council meeting a resolution establishing a residential parking permit program for the 200 block of Dantzler Court. And I'm walking this on because it needs to get two readings before Christmas break and school starts back in. Second. Motion by Councilman Lawless, second by Councilman Crosby. Is there any discussion on the motion? All right. Hearing none, we can take a vote. All in favor, please say aye. Opposed, no. Motion carries. All right. I'll be most happy to give that first reading. All right. Thank you, Madam Clerk. Number 67, a resolution establishing a residential parking permit program for the 200 block of Dantzler Court from 8 a.m. to 5 p.m. Monday through Friday, excluding holidays and waiving the provisions relating to the mechanics of designating residential parking permit areas adopted by Resolution No. 168-90 and amended by Resolution No. 450-91 and 433-2006. Thank you. Thank you. Council Member Myers. Thank you, Mayor. I'd like to suspend the rules for the purpose of giving second readings to No. 38 and No. 46. Second. It's a motion by Council Member Myers, seconded by Vice Mayor Gordon. to suspend the rules on 38 and 46. Is there any discussion? All in favor, please indicate by saying aye. Opposed, no. Motion carries. Council Member McCord. Thank you, Mayor. Just a motion to suspend the rules on number 47 to give the NDF second reading. Second. Motion by Council Member McCord. Second by Vice Member Gordon. Is there any discussion on the motion? All right. All in favor, please indicate by saying aye. Aye. Opposed, no. Motion carries. Council Member Crosby. I'm sorry, Mayor, I had the same one as Council Member McCord. I apologize. Okay. Any others? Mayor, the administration had a couple. Number 36, which is your conditional offer for employees, and then number 63, which is the Kentucky Utilities Settlement. It's a motion by Council Member Crosby. Is there a second? Second. Seconded by Council Member Ellinger. All right. Is there any discussion on the motion? Vice Mayor? 63. Vice Mayor, you're new. It's okay. All right. All right. All right. If there is no further discussion, then, all in favor of the motion, please indicate by saying aye. Aye. Opposed, no. Motion carries. Any others? All right, then, Madam Clerk, do you want to give a second read when you're ready? Thank you. Number 36. A resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Christopher Phillips, Administrative Specialist, Grade 110N, 14.423 hourly. Hourly in the Division of Waste Management, effective upon passage of council. Tara Gentry, Staff Assistant Senior, Grade 108 N, 14.612. Hourly in the Division of Building Inspection, effective upon passage of council. Elizabeth McKinney, Staff Assistant Senior, Grade 108 N, 16.677. Hourly in the Division of Family Services, effective upon passage of council. Gabriel Hensley, Environmental Inspector, Grade 113 N, 19.719. Hourly in the Division of Water Quality, effective upon passage of council. Donald Bowen, maintenance mechanic, grade 113 N, 16.512 hourly in the Division of Water Quality, effective upon passage of council. Robert Hall, maintenance mechanic, grade 113 N, 18.233 hourly in the Division of Water Quality, effective upon passage of council. And Marsha Woodward, static assistant, grade 107 N, 12.977 hourly in the Division of Police, effective upon passage of council. Authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointments of Alan Baldwin, Project Engineering Coordinator, Grade 119E, 2007-88-46, biweekly in the Division of Water Quality, effective upon passage of council. Chase Asvedo, Project Engineering Coordinator, Grade 119E, 2003-23-65, biweekly in the Division of Water Quality, effective upon passage of council. Number 38, a resolution authorizing the mayor on behalf of the Irving County Government to execute an agreement with the CHIP's Rewards to provide a health incentive program for a three-year term effective upon passage of Council. 46. A resolution authorizing the mayor on behalf of the urban county government to execute a renewal of the flexible spending plan with the mayor of Flex for Health and Dependent Care. flexible spending accounts for the period of January 1, 2013, through December 31, 2013. Number 47, a resolution. Authorizing the mayor on behalf of the Irvin County Government to execute agreements with Girls on the Run, Central Kentucky Corporation, $1,000, Fraternal Order of Police, Billigrass Lodge, number 4, Incorporated, $1,125, Stonewall Community Association, Incorporated, $500, YMCA of Central Kentucky, $1,000, Black Church Coalition of the Bluegrass Incorporated, $950. Carnegie Center for Literacy and Learning, $800. Dr. Roy P. and Juanita Betts-Peterson Arts and Education Fund Incorporated, $1,000. Forest Ridge Maintenance Association Incorporated, $650. Lafayette High School Wrestling Booster Club, $750. Assurance for Life Incorporated, $2,400. Casa of Lexington Incorporated, $1,000. Georgetown Neighborhood Association Incorporated, $1,250. Highlands Neighborhood Association, $700. Firebook Estates Homeowners Association, Inc., $700. And the Southland Association, Inc., $700. For the office of the Urban County Council, it costs not to exceed the sums stated. Number 63. Number 63. A resolution ratifying the Department of Law's execution on behalf of the Urban County Government and subject to the approval of the Kentucky Public Service Commission of a unanimous settlement agreement, stipulation and recommendation, and any other necessary settlement documents in Kentucky Public Service Commission case number 2012-00221 pertaining to the rates of the Kentucky Utilities Company. And I believe that's it. Thank you, Madam Clerk. Motion to approve. Second. Motion by Council Member Ellinger. Second by Council Member Crosby. Is there any discussion on the motion? All right, then, when you're ready, Madam Clerk, please call the roll. Mr. Ellinger. Yes. Mr. Farmer. Mr. Ford. Yes. Ms. Gorton. Aye. Mr. Henson. Oh, excuse me, Ms. Henson. Excuse me. Sorry about that. That's what you get when you hurry. Sorry about that. Did you say yes? I, A? Okay. Mr. K? Yes. Oh, dear. Mr. Lane? Yes. Ms. Lawless? Geez, old piece. Yes. Can somebody just be a Mr. tonight? Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stennett, Mr. Blues, and Ms. Crosby. Geez, that was difficult. Thank you, Madam Clerk. The vote reflects passage of the motion. All right, next on our agenda, communications from the mayor. Motion by Council Member Stennett. Second by Council Member Myers. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Next is FYI for information only, which takes us to announcements. The floor is open to council members. Council Member Parmer. No? Yes. All right. And nobody signed up? Wait, he has some. He has some tree. Oh, oh, oh. I may not be ready either. I spoke on Tuesday, and Council Member Wallace, I think, will have some other comments. I don't want to take them all. But I put the hat on the tree to signify the open house in Chevy Chase tomorrow night and the pub crawl on Saturday night. She has details that I don't want to take away from her on that. Then I brought the tree because on Sunday night, we'll be having the tree lighting on the lawn at Ashland, but we're going to do a simulation right now. Yay! So from 3 to 6 at Ashland, they'll be selling wreaths. They'll have Starbucks. The Lexington Singers will be there. The actual tree lighting will be at 5 o'clock. and I would encourage everyone to go and have a great time outdoors at Ashland at the holiday. Thank you, Mayor. Wonderful. It is a spectacular tree. Yours is as well, and the one at Ashland is. A kind compliment. Thank you, sir. Exciting. All right. Council Member Lawless? Yes, and I want to thank Council Member Farmer for letting me have my Vanna White moment by lighting the tree. the Chevy Chase merchants are having an open house from 5 to 8. Santa Claus is going to be there. Carriage rides. Carriage rides. Free jewelry I think. No, that's not Samples. Sample jewelry. And then Saturday night the Chevy Chase is having a pub crawl starting at Bourbon and Toulouse, and you get a wristband. I think there's a small fee for that, and then that gets you into all the other places, and that's from 6.30 to 2. So I assume if you participate the entire time, you, in fact, will be crawling. The Woodland Triangle shops are having an open house this weekend. and I want to remind people and there are several other things going on in the district special Christmas festivities or holiday I want to remind everybody about the Good Giving project going on right now you can go to goodgiving.com and contribute to charities and they will be matched there's quite a few of them, you can do it in honor of somebody if you're looking for a gift for that hard-to-buy-for person. I can't wait for my grandchildren to open up their donation card. But anyway, it does make a good Christmas gift and helps out many local organizations, and there is a wide variety to choose from. And then there's matching grants from different places. So with that being said, thank you very much. Council Member Ford. Thank you, Mayor. Mayor, I appreciate the recognition and the sadness that our community is facing now with the passing of Mr. Sykes. I just wanted to, again, as we close out, send our condolences to his family and to many folks around Lexington. I ask that while we had the opportunity to be in their presence a few weeks ago, that we can continue to keep them in our thoughts as many of them come back to town. I understand that the service is going to be Monday evening. It's just been published at 6 p.m. at Historic Pleasant Green Church, his home church. I mentioned something, too, during the reception when we were in your office, Mayor, before we came up that Mr. Sykes' legacy will continue to go on forever and ever. He's just a shining example. He was elected in 1963, 49 years ago. And his election, of course, was a historic feat for the African-American community, but it was also a feat for all of Lexington. He was active and elected before the Federal Voting Rights Act was passed in 1965. That speaks volumes about our city. Every city has had its challenges, but we're just very thankful for his legacy in this. And, again, let's keep his family and friends in our thoughts. Thank you, Mayor. Thank you, Council Member Ford. All right. Next on our agenda, public comments. And Mr. McCarthy has signed up to speak to the council. Okay. For the record, my name is Bernard McCarthy. My address is 515 Harry Street. First off, I want to say that I think that resolutions 49, 50, 51, 52, and 65 are a serious mistake on the part of this government. You should not be bribing businesses to move here by cutting their taxes below the rate that is paid by those who are already here. And I say this because inevitably when you lure more businesses in, that brings more people in to work in those businesses. It never works out to put the hardcore unemployed to work that we're already stuck with. I think most of them will still be unemployed. Instead, what you do is draw in more growth while you're giving up any chance to collect enough revenue to build the infrastructure needed to accommodate that growth. I mean, you keep pulling in more people, but you're not bringing in the revenue to build the road capacity to accommodate those people. And I think this is a mistake. I also think digging up town branch would be a serious mistake, both because it would waste money and because it would waste the capacity of whatever streets you dig up to uncover it at a time when we actually need more capacity than we can afford. And if it did succeed in making more people want to come downtown, it would also make it hard, much more difficult for any of them to actually get downtown. Thank you, Mr. McCarthy. All right. That's all who signed up to speak tonight. Is there a motion? There's a vigorous motion by Council Member Crosby, a second by Vice Mayor Gordon. I'll invariably say I oppose without objection. We are adjourned.